Canada Gazette, Part I, Volume 156, Number 35: GOVERNMENT NOTICES
August 27, 2022
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Ministerial Condition No. 21194
Ministerial condition
(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)
Whereas the Minister of the Environment and the Minister of Health (the ministers) have assessed information pertaining to the substance carbopolycycle, acid-treated, oxidized, Confidential Accession Number 19612-0;
And whereas the ministers suspect that the substance is toxic or capable of becoming toxic within the meaning of section 64 of the Canadian Environmental Protection Act, 1999 (the Act),
The Minister of the Environment, pursuant to paragraph 84(1)(a) of the Act, hereby permits the manufacture or import of the substance subject to the conditions of the following annex.
Marc D’lorio
Assistant Deputy Minister
Science and Technology Branch
On behalf of the Minister of the Environment
ANNEX
Conditions
(Paragraph 84(1)(a) of the Canadian Environmental Protection Act, 1999)
1. The following definitions apply in these ministerial conditions:
- “engineered hazardous waste landfill facility”
- means a facility that is part of an overall integrated hazardous waste management system where wastes that do not require additional treatment or processing are sent and where hazardous materials are confined or controlled for the duration of their effective contaminating lifespan;
- “notifier”
- means the person who has, on April 19, 2022, provided to the Minister of the Environment the prescribed information concerning the substance, in accordance with subsection 81(1) of the Canadian Environmental Protection Act, 1999;
- “substance”
- means carbopolycycle, acid-treated, oxidized, Confidential Accession Number 19612-0;
- “waste”
- includes the effluents that result from manufacturing and formulating the substance, effluents that result from rinsing equipment or vessels used for the substance, disposable vessels used for the substance, spillage that contains the substance, the process effluents that contain the substance and any residual quantity of the substance in any equipment or vessel.
2. The notifier may manufacture or import the substance subject to the present ministerial conditions.
Restrictions
3. The notifier shall manufacture or import the substance only for use as a precursor in the manufacture of carbopolycycle, acid-treated, oxidized, silver-doped, Confidential Accession Number 19610-8.
Handling and disposal of the substance
4. (1) The notifier shall not release the substance or waste to the environment.
(2) The notifier must collect any waste in their physical possession or under their control and destroy or dispose of it in the following manner:
- (a) incinerate it in accordance with the laws of the jurisdiction where the incineration facility is located; or
- (b) dispose of it in an engineered hazardous waste landfill facility, in accordance with the laws of the jurisdiction where the facility is located.
Environmental release
5. Where any release of the substance or waste to the environment occurs, the notifier shall immediately take all measures necessary to prevent any further release, and to limit the dispersion of any release. Furthermore, the notifier shall as soon as possible in the circumstances, inform the Minister of the Environment by contacting an enforcement officer designated under the Canadian Environmental Protection Act, 1999.
Other requirements
6. The notifier shall, prior to transferring the physical possession or control of the substance or waste to any person,
- (a) inform the person, in writing, of the terms of the present ministerial conditions; and
- (b) obtain, prior to the first transfer of the substance or waste, written confirmation from the person that they were informed of the terms of the present ministerial conditions and agree to comply with the conditions specified in sections 3 to 5.
Record-keeping requirements
7. (1) The notifier shall maintain electronic or paper records, with any documentation supporting the validity of the information contained in these records, indicating
- (a) the specific use of the substance;
- (b) the quantity of the substance that the notifier manufactures, imports, purchases, distributes, sells and uses;
- (c) the name and address of each person in Canada who disposed of the substance or of waste for the notifier, the method used to do so and the quantities of the substance or waste shipped to that person;
- (d) the name and address of each person to whom the notifier transfers the physical possession or control of the substance or waste; and
- (e) the written confirmation referred to in paragraph 6(1)(b).
(2) The notifier shall maintain electronic or paper records mentioned in subsection (1) at their principal place of business in Canada, or at the principal place of business in Canada of their representative, for a period of at least five years after they are made.
Coming into force
8. The present ministerial conditions come into force on August 15, 2022.
DEPARTMENT OF THE ENVIRONMENT
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Order 2022-87-08-02 Amending the Non-domestic Substances List
Whereas, under subsection 87(5) of the Canadian Environmental Protection Act, 1999 footnote a, the Minister of the Environment has added the substances referred to in the annexed Order to the Domestic Substances List footnote b;
Therefore, the Minister of the Environment makes the annexed Order 2022-87-08-02 Amending the Non-domestic Substances List under subsection 87(5) of the Canadian Environmental Protection Act, 1999footnote a.
Gatineau, August 12, 2022
Steven Guilbeault
Minister of the Environment
Order 2022-87-08-02 Amending the Non-domestic Substances List
Amendment
1 Part I of the Non-domestic Substances List footnote 1 is amended by deleting the following:
- 67923-77-7
- 83653-00-3
- 120313-48-6
- 174254-17-2
- 174254-24-1
- 1883583-80-9
Coming into Force
2 This Order comes into force on the day on which Order 2022-87-08-01 Amending the Domestic Substances List comes into force.
DEPARTMENT OF THE ENVIRONMENT DEPARTMENT OF HEALTH
CANADIAN ENVIRONMENTAL PROTECTION ACT, 1999
Publication of final decision after screening assessment of silver and its compounds, including those specified on the Domestic Substances List (paragraphs 68(b) and (c) or subsection 77(6) of the Canadian Environmental Protection Act, 1999)
Whereas a summary of the screening assessment conducted on silver and its compounds pursuant to paragraphs 68(b) and (c) or section 74 of the Act is annexed hereby;
Whereas the seven substances in the Silver and its Compounds Group identified in the annex below are substances identified under subsection 73(1) of the Canadian Environmental Protection Act, 1999;
Whereas it is concluded that the seven substances in the Silver and its Compounds Group do not meet any of the criteria set out in paragraph 64(a) or 64(b) of the Act;
And whereas it is concluded that silver and its compounds do not meet the criteria set out in paragraph 64(c) of the Act,
Notice therefore is hereby given that the Minister of the Environment and the Minister of Health (the ministers) propose to take no further action at this time under section 77 of the Act on the seven substances in the Silver and its Compounds Group identified under subsection 73(1) of the Act.
Notice is also hereby given that options are being considered for follow-up activities to track changes in exposure to silver and its compounds.
Steven Guilbeault
Minister of the Environment
Jean-Yves Duclos
Minister of Health
ANNEX
Summary of the screening assessment of the Silver and its Compounds Group
Pursuant to section 68 or 74 of the Canadian Environmental Protection Act, 1999 (CEPA), the Minister of the Environment and the Minister of Health have conducted a screening assessment of silver and its compounds. Seven of these substances were identified as priorities for assessment as they met categorization criteria under subsection 73(1) of CEPA. These seven substances are referred to collectively in this assessment as the Silver and its Compounds Group. The Chemical Abstracts Service Registry Numbers (CAS RNsfootnote 2), the Domestic Substances List (DSL) names and the common names of these substances are listed in the table below.
CAS RN | DSL name | Common name |
---|---|---|
7440-22-4 | Silver | Silver |
7761-88-8 | Nitric acid silver(1+) salt | Silver nitrate |
7783-90-6 | Silver chloride (AgCl) | Silver chloride |
7785-23-1 | Silver bromide (AgBr) | Silver bromide |
10294-26-5 | Sulfuric acid, disilver(1+) salt | Silver sulfate |
20667-12-3 | Silver oxide (Ag2O) | Silver oxide |
21548-73-2 | Silver sulfide (Ag2S) | Silver sulfide |
The screening assessment of silver and its compounds focuses on the silver moiety and therefore considers silver in its elemental form, silver-containing substances, and all forms of silver found in the environment. Therefore, all silver-containing substances beyond the seven substances identified as priorities for assessment are considered. The combined exposure of humans and other living organisms to the silver moiety, whether it is present in environmental compartments (i.e. water, sediment, soil, and air), food, or products, is considered in this screening assessment.
Canada is the 14th largest producer of silver in the world. According to information submitted in response to a CEPA section 71 survey, substances within the Silver and its Compounds Group that were included in the survey were manufactured or imported in low to moderate quantities (i.e. less than 1 tonne [t] to less than 10 000 t) by four companies. Silver has a wide variety of uses in Canada, including the manufacturing of bars, coins, jewelry, medals, silverware, silver-containing substances and preparations, glass products, and soap and cleaning compounds. It is also used in brazing and soldering, catalysis, cloud seeding, and electronics. Silver may be used in a range of products in Canada, including drugs, natural health products, cosmetics, as a formulant in registered pest control products, and toys. It is a permitted food additive and may be used as a component in the manufacture of food packaging materials and as a component in an incidental additive used in food processing establishments.
Silver is naturally released to the environment through weathering of soils and rocks. Anthropogenic releases of silver occur during its production (i.e. mining, processing, smelting, refining), during the manufacturing of silver-containing substances, following product disposal (e.g. batteries, electronics, silver-containing films), and through other activities (e.g. cloud seeding). The National Pollutant Release Inventory data from 2012 to 2017 indicate that silver and its compounds were released to the environment from public and industrial activities in low quantities (i.e. yearly average of 0.027 t for all media combined). Once released into the environment, silver in air and water will migrate to soil and/or sediments where it will persist.
Silver is not an essential nutrient for organism health or human health. Organisms exposed to silver in their habitats rapidly take up silver via their environmental media and accumulate it in internal organs and other tissues. In aquatic organisms, the accumulated silver is mostly bound with sulfur-containing biomolecules and detoxified. Bioaccumulation of silver in benthic and soil-dwelling organisms may be reduced by the formation of inert silver sulfide in these environmental compartments. Currently, there is no indication of biomagnification of silver across food chains.
Silver causes mortality as well as growth and reproductive effects to aquatic organisms at very low concentrations and to benthic and soil-dwelling organisms at moderate concentrations. The Canadian Water Quality Guideline (CWQG) derived by the Canadian Council of Ministers of the Environment is used as the chronic predicted no-effect concentration (PNEC) for silver for freshwater organisms. Ecotoxicity studies were used to derive chronic PNECs for silver for organisms in the marine water, freshwater sediment, and soil compartments.
Ecological exposure to silver was characterized for the following sources based on their potential to release silver: metal mining, base metal smelting and refining, wastewaters (i.e. silver in the final effluent released by wastewater systems and silver in land-applied biosolids), and waste disposal (i.e. landfill leachate). Risk quotient analyses were performed by comparing measured and modelled exposure concentrations in freshwaters, marine waters, freshwater sediments and soils to chronic PNECs for freshwater and marine water aquatic, freshwater benthic, and soil-dwelling organisms, respectively. Based on these analyses, there is a moderate potential that silver may cause harm to benthic organisms near some facilities in the metal mining and base metal smelting and refining sectors, but there is a low potential to cause harm to aquatic or soil-dwelling organisms. However, there is uncertainty regarding the potential for ecological harm in sediment due to the paucity of ecotoxicity studies and uncertainties around the bioavailability of sediment-bound silver.
Considering all available lines of evidence presented in this screening assessment, there is a low risk of harm to the environment from silver and its compounds. It is concluded that the seven substances in the Silver and its Compounds Group do not meet the criteria under paragraph 64(a) or (b) of CEPA as they are not entering the environment in a quantity or concentration or under conditions that have or may have an immediate or long-term harmful effect on the environment or its biological diversity or that constitute or may constitute a danger to the environment on which life depends.
Silver and its compounds were evaluated using the biomonitoring-based approach 2, which compares human biomonitoring data (exposure) against biomonitoring guidance values (health effects), such as biomonitoring equivalents (BEs), to identify substances with low concern for human health. Total silver concentrations were measured in the whole blood of Canadians as part of the Canadian Health Measures Survey and a follow-up study to the Maternal-Infant Research on Environmental Chemicals (MIREC) Study called MIREC-Child Development Plus. Median and 95th percentile blood silver concentrations in Canadians of 0.066 µg/L and 0.27 µg/L were lower than the BE of 0.4 µg/L associated with the United States Environmental Protection Agency (U.S. EPA) reference dose for protection against the critical health effect of argyria, characterized by blue or blue-greyish staining of the skin and mucous membranes. Therefore, silver and its compounds are considered to be of low concern for human health at current levels of exposure.
On the basis of the information presented in this screening assessment, it is concluded that silver and its compounds do not meet the criteria under paragraph 64(c) of CEPA as they are not entering the environment in a quantity or concentration or under conditions that constitute or may constitute a danger in Canada to human life or health.
Overall conclusion
It is therefore concluded that the seven substances in the Silver and its Compounds Group do not meet any of the criteria set out in section 64 of CEPA.
Consideration for follow-up
While exposure of the environment to silver and its compounds is not of concern at current levels, silver and its compounds are associated with effects of concern. Therefore, there may be a concern if exposure levels were to increase. Follow-up activities, including the review of monitoring data submitted in existing regulatory reports, may be considered to track changes in exposure to silver and its compounds.
The Government will use the data gathered through these follow-up activities to prioritize further information gathering or risk assessment of these substances, if required.
The screening assessment for these substances is available on the Canada.ca (Chemical substances) website.
DEPARTMENT OF TRANSPORT
AERONAUTICS ACT
Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 70
Whereas the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 70 is required to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;
Whereas the provisions of the annexed Order may be contained in a regulation made pursuant to sections 4.71footnote c and 4.9footnote d, paragraphs 7.6(1)(a)footnote e and (b)footnote f and section 7.7footnote g of the Aeronautics Act footnote h;
Whereas, pursuant to subsection 6.41(1.1)footnote i of the Aeronautics Act footnote h, the Minister of Transport authorized the Deputy Minister of Transport to make an interim order that contains any provision that may be contained in a regulation made under Part I of that Act to deal with a significant risk, direct or indirect, to aviation safety or the safety of the public;
And whereas, pursuant to subsection 6.41(1.2)footnote i of that Act, the Deputy Minister of Transport has consulted with the persons and organizations that that Deputy Minister considers appropriate in the circumstances before making the annexed Order;
Therefore, the Deputy Minister of Transport makes the annexed Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 70 under subsection 6.41(1.1)footnote i of the Aeronautics Actfootnote h.
Ottawa, August 16, 2022
Michael Keenan
Deputy Minister of Transport
Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 70
Interpretation
Definitions
1 (1) The following definitions apply in this Interim Order.
- aerodrome security personnel
- has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (personnel de sûreté de l’aérodrome)
- air carrier
- means any person who operates a commercial air service under Subpart 1, 3, 4 or 5 of Part VII of the Regulations. (transporteur aérien)
- COVID-19
- means the coronavirus disease 2019. (COVID-19)
- COVID-19 antigen test
- means a COVID-19 screening or diagnostic immunoassay that
- (a) detects the presence of a viral antigen indicating the presence of COVID-19;
- (b) is authorized for sale or distribution in Canada or in the jurisdiction in which it was obtained;
- (c) if the test is self-administered, is observed and produces a result that is verified
- (i) in person by an accredited laboratory or testing provider, or
- (ii) in real time by remote audiovisual means by the accredited laboratory or testing provider that provided the test; and
- (d) if the test is not self-administered, is performed by an accredited laboratory or testing provider. (essai antigénique relatif à la COVID-19)
- COVID-19 molecular test
- means a COVID-19 screening or diagnostic test, including a test performed using the method of polymerase chain reaction (PCR) or reverse transcription loop-mediated isothermal amplification (RT-LAMP), that
- (a) if the test is self-administered, is observed and produces a result that is verified
- (i) in person by an accredited laboratory or testing provider, or
- (ii) in real time by remote audiovisual means by the accredited laboratory or testing provider that provided the test; or
- (b) if the test is not self-administered, is performed by an accredited laboratory or testing provider. (essai moléculaire relatif à la COVID-19)
- (a) if the test is self-administered, is observed and produces a result that is verified
- customs officer
- has the same meaning as officer in subsection 2(1) of the Customs Act. (agent des douanes)
- foreign national
- has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (étranger)
- non-passenger screening checkpoint
- has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des non-passagers)
- passenger screening checkpoint
- has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (point de contrôle des passagers)
- peace officer
- has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (agent de la paix)
- quarantine officer
- means a person designated as a quarantine officer under subsection 5(2) of the Quarantine Act. (agent de quarantaine)
- Regulations
- means the Canadian Aviation Regulations. (Règlement)
- restricted area
- has the same meaning as in section 3 of the Canadian Aviation Security Regulations, 2012. (zone réglementée)
- screening authority
- means a person responsible for the screening of persons and goods at an aerodrome set out in the schedule to the CATSA Aerodrome Designation Regulations or at any other place designated by the Minister under subsection 6(1.1) of the Canadian Air Transport Security Authority Act. (administration de contrôle)
- screening officer
- has the same meaning as in section 2 of the Canadian Air Transport Security Authority Act. (agent de contrôle)
- testing provider
- means
- (a) a person who may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided; or
- (b) an organization, such as a telehealth service provider or pharmacy, that may provide COVID-19 screening or diagnostic testing services under the laws of the jurisdiction where the service is provided and that employs or contracts with a person referred to in paragraph (a). (fournisseur de services d’essais)
- variant of concern
- means a variant of severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2) that is designated as a variant of concern by the World Health Organization. (variant préoccupant)
Interpretation
(2) Unless the context requires otherwise, all other words and expressions used in this Interim Order have the same meaning as in the Regulations.
Conflict
(3) In the event of a conflict between this Interim Order and the Regulations or the Canadian Aviation Security Regulations, 2012, the Interim Order prevails.
Definition of mask
(4) For the purposes of this Interim Order, a mask means any mask, including a non-medical mask, that meets all of the following requirements:
- (a) it is made of multiple layers of tightly woven materials such as cotton or linen;
- (b) it completely covers a person’s nose, mouth and chin without gaping;
- (c) it can be secured to a person’s head with ties or ear loops.
Masks — lip reading
(5) Despite paragraph (4)(a), the portion of a mask in front of a wearer’s lips may be made of transparent material that permits lip reading if
- (a) the rest of the mask is made of multiple layers of tightly woven materials such as cotton or linen; and
- (b) there is a tight seal between the transparent material and the rest of the mask.
Notification
Quarantine plan and vaccination
2 A private operator or air carrier operating a flight to Canada departing from any other country must notify every person before the person boards the aircraft for the flight that, where applicable, they are required, under an order made under section 58 of the Quarantine Act, to provide, before boarding the aircraft, their quarantine plan and information related to their COVID-19 vaccination, or, if the person is not required under that order to provide their plan and information, their contact information, using the ArriveCAN application or website. The private operator or air carrier must also notify every person that they may be liable to a fine if this requirement applies to them and they fail to comply with it.
ArriveCAN — verification
3 (1) At the request of the Minister, a private operator or air carrier operating a flight referred to in section 2 must verify, before a person boards the aircraft, whether the person has provided evidence that they have submitted the information required by the ArriveCAN application or website.
ArriveCAN — information
(2) Before boarding the aircraft, the person must provide to the private operator or air carrier operating the flight evidence that they have submitted the information required by the ArriveCAN application or website.
Exception
(3) Subsection (2) does not apply to a person who is not required under an order made under section 58 of the Quarantine Act to submit the information by electronic means.
ArriveCAN — evidence
(4) For the purposes of subsections (1) and (2), an ArriveCAN receipt that contains a six-character code or QR code is evidence that the information has been submitted.
Records
(5) If a person does not comply with subsection (2), the private operator or air carrier must
- (a) keep a record of
- (i) the date and flight number,
- (ii) the person’s name and date of birth, and
- (iii) the type of travel document used by the person and the travel document number; and
- (b) inform the Minister as soon as feasible of any record created under paragraph (a).
Retention period
(6) The private operator or air carrier must retain the record for a period of at least 12 months after the date of the flight.
Ministerial request
(7) The private operator or air carrier must make the record available to the Minister on request.
Copy of record
4 A private operator or air carrier must provide a copy of the record referred to in subsection 3(5) to the Public Health Agency of Canada within one hour after the flight’s departure.
Foreign Nationals
Prohibition
5 A private operator or air carrier must not permit a foreign national to board an aircraft for a flight that the private operator or air carrier operates to Canada departing from any other country.
Exception
6 Section 5 does not apply to a foreign national who is permitted to enter Canada under an order made under section 58 of the Quarantine Act.
Confirmation of Health Status
Non-application
7 Sections 8 and 9 do not apply to the following persons:
- (a) a crew member;
- (b) a person boarding an aircraft only to become a crew member on board another aircraft operated by an air carrier;
- (c) a person boarding an aircraft after having been a crew member on board an aircraft operated by an air carrier; or
- (d) a person boarding an aircraft to participate in mandatory training required by an air carrier in relation to the operation of an aircraft, if the person will be required to return to work as a crew member.
Notification
8 (1) A private operator or air carrier must notify every person boarding an aircraft for a flight that the private operator or air carrier operates that the person may be denied permission to board the aircraft if
- (a) the person exhibits a fever and a cough or a fever and breathing difficulties;
- (b) the person has COVID-19 or has had it within the previous 10 days, or has reasonable grounds to suspect that they have COVID-19 or have developed signs and symptoms of COVID-19 within the previous 10 days; or
- (c) in the case of a flight departing in Canada, the person is the subject of a mandatory quarantine order as a result of recent travel or as a result of a local or provincial public health order.
Confirmation
(2) Every person boarding an aircraft for a flight that a private operator or air carrier operates must confirm to the private operator or air carrier that none of the following situations apply to them:
- (a) the person exhibits a fever and a cough or a fever and breathing difficulties;
- (b) the person has COVID-19 or has had it within the previous 10 days, or has reasonable grounds to suspect that they have COVID-19 or have developed signs and symptoms of COVID-19 within the previous 10 days; or
- (c) in the case of a flight departing in Canada, the person is the subject of a mandatory quarantine order as a result of recent travel or as a result of a local or provincial public health order.
False confirmation — notice to person
(3) The private operator or air carrier must advise every person that they may be liable to a monetary penalty if they provide answers or a confirmation that they know to be false or misleading.
False confirmation — obligations of person
(4) A person who is required to provide a confirmation under subsection (2) must
- (a) answer all questions; and
- (b) not provide answers or a confirmation that they know to be false or misleading.
Exception
(5) A competent adult may answer all questions and provide a confirmation on behalf of a person who is not a competent adult and who is required to give a confirmation under subsection (2).
Observations — private operator or air carrier
(6) During the boarding process for a flight that the private operator or air carrier operates, the private operator or air carrier must observe whether any person boarding the aircraft is exhibiting any of the symptoms referred to in paragraph (1)(a).
Prohibition
9 (1) A private operator or air carrier must not permit a person to board an aircraft for a flight that the private operator or air carrier operates if
- (a) the private operator or air carrier observes that, as the person is boarding, they exhibit
- (i) a fever and cough, or
- (ii) a fever and breathing difficulties;
- (b) the person’s confirmation under subsection 8(2) indicates that one of the situations described in paragraph 8(2)(a) or (b) applies to that person;
- (c) the person is a competent adult and refuses to give the confirmation under subsection 8(2); or
- (d) the person’s confirmation under subsection 8(2) indicates that the situation described in paragraph 8(2)(c) applies to that person.
Exception
(2) Paragraphs (1)(a) and (b) do not apply to a person who can provide a medical certificate certifying that any symptoms referred to in paragraph 8(2)(a) that they are exhibiting are not related to COVID-19 or who has a result for one of the COVID-19 tests described in subsection 13(1).
[10 reserved]
COVID-19 Tests — Flights to Canada
Application
11 (1) Sections 13 to 17 apply to a private operator or air carrier operating a flight to Canada departing from any other country and to every person boarding an aircraft for such a flight.
Non-application
(2) Sections 13 to 17 do not apply to persons who are not required under an order made under section 58 of the Quarantine Act to provide evidence that they received a result for a COVID-19 molecular test or a COVID-19 antigen test.
[12 reserved]
Evidence — result of test
13 (1) Before boarding an aircraft for a flight, every person must provide to the private operator or air carrier operating the flight evidence that they received either
- (a) a negative result for a COVID-19 molecular test that was performed on a specimen collected no more than 72 hours before the flight’s initial scheduled departure time;
- (b) a negative result for a COVID-19 antigen test that was performed on a specimen collected no more than one day before the flight’s initial scheduled departure time; or
- (c) a positive result for a COVID-19 molecular test that was performed on a specimen collected at least 10 days and no more than 180 days before the flight’s initial scheduled departure time.
Location of test — outside Canada
(1.1) The COVID-19 tests referred to in paragraphs (1)(a) and (b) must be performed outside Canada.
Evidence — location of test
(2) For the purposes of paragraphs (1)(a) and (b) and subsection (1.1), the COVID-19 molecular test or COVID-19 antigen test must not have been performed in a country where, as determined by the Minister of Health, there is an outbreak of a variant of concern or there are reasonable grounds to believe that there is an outbreak of such a variant.
Evidence — alternative testing protocol
13.1 Despite subsections 13(1) and (1.1), a person referred to in section 2.22 of the Order entitled Minimizing the Risk of Exposure to COVID-19 in Canada Order (Quarantine, Isolation and Other Obligations) must, before boarding an aircraft for a flight, provide to the private operator or air carrier operating the flight evidence of a COVID-19 molecular test or a COVID-19 antigen test that was carried out in accordance with an alternative testing protocol referred to in that section.
Evidence — molecular test
14 (1) Evidence of a result for a COVID-19 molecular test must include
- (a) the name and date of birth of the person from whom the specimen was collected for the test;
- (b) the name and civic address of the accredited laboratory or the testing provider that performed or observed the test and verified the result;
- (c) the date the specimen was collected and the test method used; and
- (d) the test result.
Evidence — antigen test
(2) Evidence of a result for a COVID-19 antigen test must include
- (a) the name and date of birth of the person from whom the specimen was collected for the test;
- (b) the name and civic address of the accredited laboratory or the testing provider that performed or observed the test and verified the result;
- (c) the date the specimen was collected and the test method used; and
- (d) the test result.
False or misleading evidence
15 A person must not provide evidence of a result for a COVID-19 molecular test or a COVID-19 antigen test that they know to be false or misleading.
Notice to Minister
16 A private operator or air carrier that has reason to believe that a person has provided evidence of a result for a COVID-19 molecular test or a COVID-19 antigen test that is likely to be false or misleading must notify the Minister as soon as feasible of the person’s name and contact information and the date and number of the person’s flight.
Prohibition
17 A private operator or air carrier must not permit a person to board an aircraft for a flight that the private operator or air carrier operates if the person does not provide evidence that they received a result for a COVID-19 molecular test or a COVID-19 antigen test in accordance with the requirements set out in section 13 or 13.1.
Masks
Non-application
18 (1) Sections 19 to 24 do not apply to any of the following persons:
- (a) a child who is less than two years of age;
- (b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a mask;
- (c) a person who provides a medical certificate certifying that they are unable to wear a mask for a medical reason;
- (d) a person who is unconscious;
- (e) a person who is unable to remove their mask without assistance;
- (f) a crew member;
- (g) a gate agent.
Mask readily available
(2) An adult responsible for a child who is at least two years of age but less than six years of age must ensure that a mask is readily available to the child before boarding an aircraft for a flight.
Wearing of mask
(3) An adult responsible for a child must ensure that the child wears a mask when wearing one is required under section 21 and complies with any instructions given by a gate agent under section 22 if the child
- (a) is at least two years of age but less than six years of age and is able to tolerate wearing a mask; or
- (b) is at least six years of age.
Notification
19 A private operator or air carrier must notify every person who intends to board an aircraft for a flight that the private operator or air carrier operates that the person must
- (a) be in possession of a mask before boarding;
- (b) wear the mask at all times during the boarding process, during the flight and from the moment the doors of the aircraft are opened until the person enters the air terminal building; and
- (c) comply with any instructions given by a gate agent or a crew member with respect to wearing a mask.
Obligation to possess mask
20 Every person who is at least six years of age must be in possession of a mask before boarding an aircraft for a flight.
Wearing of mask — persons
21 (1) Subject to subsections (2) and (3), a private operator or air carrier must require a person to wear a mask at all times during the boarding process and during a flight that the private operator or air carrier operates.
Exceptions — person
(2) Subsection (1) does not apply
- (a) when the safety of the person could be endangered by wearing a mask;
- (b) when the person is drinking or eating, unless a crew member instructs the person to wear a mask;
- (c) when the person is taking oral medications;
- (d) when a gate agent or a crew member authorizes the removal of the mask to address unforeseen circumstances or the person’s special needs; or
- (e) when a gate agent, a member of the aerodrome security personnel or a crew member authorizes the removal of the mask to verify the person’s identity.
Exceptions — flight deck
(3) Subsection (1) does not apply to any of the following persons when they are on the flight deck:
- (a) a Department of Transport air carrier inspector;
- (b) an inspector of the civil aviation authority of the state where the aircraft is registered;
- (c) an employee of the private operator or air carrier who is not a crew member and who is performing their duties;
- (d) a pilot, flight engineer or flight attendant employed by a wholly owned subsidiary or a code share partner of the air carrier;
- (e) a person who has expertise related to the aircraft, its equipment or its crew members and who is required to be on the flight deck to provide a service to the private operator or air carrier.
Compliance
22 A person must comply with any instructions given by a gate agent, a member of the aerodrome security personnel, a crew member, a customs officer or a quarantine officer with respect to wearing a mask.
Prohibition — private operator or air carrier
23 A private operator or air carrier must not permit a person to board an aircraft for a flight that the private operator or air carrier operates if
- (a) the person is not in possession of a mask; or
- (b) the person refuses to comply with an instruction given by a gate agent or a crew member with respect to wearing a mask.
Refusal to comply
24 (1) If, during a flight that a private operator or air carrier operates, a person refuses to comply with an instruction given by a crew member with respect to wearing a mask, the private operator or air carrier must
- (a) keep a record of
- (i) the date and flight number,
- (ii) the person’s name, date of birth and contact information, including the person’s home address, telephone number and email address,
- (iii) the person’s seat number, and
- (iv) the circumstances related to the refusal to comply; and
- (b) inform the Minister as soon as feasible of any record created under paragraph (a).
Retention period
(2) The private operator or air carrier must retain the record for a period of at least 12 months after the date of the flight.
Ministerial request
(3) The private operator or air carrier must make the record available to the Minister on request.
Wearing of mask — crew member
25 (1) Subject to subsections (2) and (3), a private operator or air carrier must require a crew member to wear a mask at all times during the boarding process and during a flight that the private operator or air carrier operates.
Exceptions — crew member
(2) Subsection (1) does not apply
- (a) when the safety of the crew member could be endangered by wearing a mask;
- (b) when the wearing of a mask by the crew member could interfere with operational requirements or the safety of the flight; or
- (c) when the crew member is drinking, eating or taking oral medications.
Exception — flight deck
(3) Subsection (1) does not apply to a crew member who is a flight crew member when they are on the flight deck.
Wearing of mask — gate agent
26 (1) Subject to subsections (2) and (3), a private operator or air carrier must require a gate agent to wear a mask during the boarding process for a flight that the private operator or air carrier operates.
Exceptions
(2) Subsection (1) does not apply
- (a) when the safety of the gate agent could be endangered by wearing a mask; or
- (b) when the gate agent is drinking, eating or taking oral medications.
Exception — physical barrier
(3) During the boarding process, subsection (1) does not apply to a gate agent if the gate agent is separated from any other person by a physical barrier that allows the gate agent and the other person to interact and reduces the risk of exposure to COVID-19.
Deplaning
Non-application
27 (1) Sections 28 and 28.1 do not apply to any of the following persons:
- (a) a child who is less than two years of age;
- (b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a mask;
- (c) a person who provides a medical certificate certifying that they are unable to wear a mask for a medical reason;
- (d) a person who is unconscious;
- (e) a person who is unable to remove their mask without assistance;
- (f) a person who is on a flight that originates in Canada and is destined to another country.
Wearing of mask
(2) An adult responsible for a child must ensure that the child wears a mask when wearing one is required under section 28 or 28.1 if the child
- (a) is at least two years of age but less than six years of age and is able to tolerate wearing a mask; or
- (b) is at least six years of age.
Wearing of mask — persons on board
28 A person who is on board an aircraft must wear a mask at all times from the moment the doors of the aircraft are opened until the person enters the air terminal building, including by a passenger loading bridge.
Wearing of mask — customs and border processing area
28.1 A person must wear a mask at all times when they are in the customs and border processing area.
Screening Authority
Non-application
29 (1) Sections 30 to 33 do not apply to any of the following persons:
- (a) a child who is less than two years of age;
- (b) a child who is at least two years of age but less than six years of age who is unable to tolerate wearing a mask;
- (c) a person who provides a medical certificate certifying that they are unable to wear a mask for a medical reason;
- (d) a person who is unconscious;
- (e) a person who is unable to remove their mask without assistance;
- (f) a member of emergency response provider personnel who is responding to an emergency;
- (g) a peace officer who is responding to an emergency.
Wearing of mask
(2) An adult responsible for a child must ensure that the child wears a mask when wearing one is required under subsection 30(2) and removes it when required by a screening officer to do so under subsection 30(3) if the child
- (a) is at least two years of age but less than six years of age and is able to tolerate wearing a mask; or
- (b) is at least six years of age.
Requirement — passenger screening checkpoint
30 (1) A screening authority must notify a person who is subject to screening at a passenger screening checkpoint that they must wear a mask at all times during screening.
Wearing of mask — person
(2) Subject to subsection (3), a person who is the subject of screening referred to in subsection (1) must wear a mask at all times during screening.
Requirement to remove mask
(3) A person who is required by a screening officer to remove their mask during screening must do so.
Wearing of mask — screening officer
(4) A screening officer must wear a mask at a passenger screening checkpoint when conducting the screening of a person if, during the screening, the screening officer is two metres or less from the person being screened.
Requirement — non-passenger screening checkpoint
31 (1) A person who presents themselves at a non-passenger screening checkpoint to enter into a restricted area must wear a mask at all times.
Wearing of mask — screening officer
(2) Subject to subsection (3), a screening officer must wear a mask at all times at a non-passenger screening checkpoint.
Exceptions
(3) Subsection (2) does not apply
- (a) when the safety of the screening officer could be endangered by wearing a mask; or
- (b) when the screening officer is drinking, eating or taking oral medications.
Exception — physical barrier
32 Sections 30 and 31 do not apply to a person, including a screening officer, if the person is two metres or less from another person and both persons are separated by a physical barrier that allows them to interact and reduces the risk of exposure to COVID-19.
Prohibition — passenger screening checkpoint
33 (1) A screening authority must not permit a person who has been notified to wear a mask and refuses to do so to pass beyond a passenger screening checkpoint into a restricted area.
Prohibition — non-passenger screening checkpoint
(2) A screening authority must not permit a person who refuses to wear a mask to pass beyond a non-passenger screening checkpoint into a restricted area.
Designated Provisions
Designation
34 (1) The provisions of this Interim Order set out in column 1 of the schedule are designated as provisions the contravention of which may be dealt with under and in accordance with the procedure set out in sections 7.7 to 8.2 of the Act.
Maximum amounts
(2) The amounts set out in column 2 of the schedule are the maximum amounts of the penalty payable in respect of a contravention of the designated provisions set out in column 1.
Notice
(3) A notice referred to in subsection 7.7(1) of the Act must be in writing and must specify
- (a) the particulars of the alleged contravention;
- (b) that the person on whom the notice is served or to whom it is sent has the option of paying the amount specified in the notice or filing with the Tribunal a request for a review of the alleged contravention or the amount of the penalty;
- (c) that payment of the amount specified in the notice will be accepted by the Minister in satisfaction of the amount of the penalty for the alleged contravention and that no further proceedings under Part I of the Act will be taken against the person on whom the notice in respect of that contravention is served or to whom it is sent;
- (d) that the person on whom the notice is served or to whom it is sent will be provided with an opportunity consistent with procedural fairness and natural justice to present evidence before the Tribunal and make representations in relation to the alleged contravention if the person files a request for a review with the Tribunal; and
- (e) that the person on whom the notice is served or to whom it is sent will be considered to have committed the contravention set out in the notice if they fail to pay the amount specified in the notice and fail to file a request for a review with the Tribunal within the prescribed period.
Repeal
35 The Interim Order Respecting Certain Requirements for Civil Aviation Due to COVID-19, No. 69, made on August 3, 2022, is repealed.
SCHEDULE
(Subsections 34(1) and (2))
Column 1 Designated Provision |
Column 2 Maximum Amount of Penalty ($) |
|
---|---|---|
Individual | Corporation | |
Section 2 | 5,000 | 25,000 |
Subsection 3(1) | 5,000 | 25,000 |
Subsection 3(2) | 5,000 | |
Subsection 3(5) | 5,000 | 25,000 |
Section 4 | 5,000 | 25,000 |
Section 5 | 5,000 | 25,000 |
Subsection 8(1) | 5,000 | 25,000 |
Subsection 8(2) | 5,000 | |
Subsection 8(3) | 5,000 | 25,000 |
Subsection 8(4) | 5,000 | |
Subsection 8(6) | 5,000 | 25,000 |
Subsection 9(1) | 5,000 | 25,000 |
Subsection 13(1) | 5,000 | |
Section 13.1 | 5,000 | |
Section 15 | 5,000 | |
Section 16 | 5,000 | 25,000 |
Section 17 | 5,000 | 25,000 |
Subsection 18(2) | 5,000 | |
Subsection 18(3) | 5,000 | |
Section 19 | 5,000 | 25,000 |
Section 20 | 5,000 | |
Subsection 21(1) | 5,000 | 25,000 |
Section 22 | 5,000 | |
Section 23 | 5,000 | 25,000 |
Subsection 24(1) | 5,000 | 25,000 |
Subsection 24(2) | 5,000 | 25,000 |
Subsection 24(3) | 5,000 | 25,000 |
Subsection 25(1) | 5,000 | 25,000 |
Subsection 26(1) | 5,000 | 25,000 |
Subsection 27(2) | 5,000 | |
Section 28 | 5,000 | |
Section 28.1 | 5,000 | |
Subsection 29(2) | 5,000 | |
Subsection 30(1) | 25,000 | |
Subsection 30(2) | 5,000 | |
Subsection 30(3) | 5,000 | |
Subsection 30(4) | 5,000 | |
Subsection 31(1) | 5,000 | |
Subsection 31(2) | 5,000 | |
Subsection 33(1) | 25,000 | |
Subsection 33(2) | 25,000 |
INNOVATION, SCIENCE AND ECONOMIC DEVELOPMENT CANADA
RADIOCOMMUNICATION ACT
Notice No. SMSE-011-22 — Notice of Application Received from Ligado Networks (Canada) Inc. for Ancillary Terrestrial Component Authority in the L-Band (1526-1536 MHz, 1627.5-1637.5 MHz and 1646.5-1656.5 MHz)
The intent of this notice is to announce Innovation, Science and Economic Development Canada’s (ISED) publication on its website of a notice entitled Notice of Application Received from Ligado Networks (Canada) Inc. for Ancillary Terrestrial Component Authority in the L-Band (1526-1536 MHz, 1627.5-1637.5 MHz and 1646.5-1656.5 MHz).
General information
Through the release of this Notice, ISED is seeking comments regarding the application received from Ligado Networks (Canada) Inc. (Ligado Canada) for authority to provide ancillary terrestrial component (ATC) mobile services over a portion of its licensed mobile satellite services (MSS) spectrum in the L-band (1526-1536 MHz in the MSS downlink, and 1627.5-1637.5 MHz and 1646.5-1656.5 MHz in the MSS uplink). Comments are sought on the general application and other questions in the Notice.
Submitting comments
To ensure consideration, parties should submit their comments no later than October 18, 2022. Respondents are asked to provide their comments in electronic format (Microsoft Word or Adobe PDF) at ic.spectrumengineering-genieduspectre.ic@ised-isde.gc.ca. Soon after the close of the comment period, all comments will be posted on Innovation Science and Economic Development’s (ISED) Spectrum Management and Telecommunications website. ISED will review and consider all comments in order to arrive at its decisions regarding the above-mentioned notice.
ISED will also provide interested parties with the opportunity to reply to comments from other parties. Reply comments will be accepted until November 30, 2022.
All submissions should cite the Canada Gazette, Part I, the publication date, the title and the reference number of this notice (SMSE-011-22).
Obtaining copies
Copies of this notice and of documents referred to herein are available electronically on Innovation, Science and Economic Development’s Spectrum Management and Telecommunications website.
Official versions of notices can be viewed on the Canada Gazette website.
August 19, 2022
Martin Proulx
Director General
Engineering, Planning and Standards Branch
PRIVY COUNCIL OFFICE
Appointment opportunities
We know that our country is stronger — and our government more effective — when decision-makers reflect Canada’s diversity. The Government of Canada has implemented an appointment process that is transparent and merit-based, strives for gender parity, and ensures that Indigenous peoples and minority groups are properly represented in positions of leadership. We continue to search for Canadians who reflect the values that we all embrace: inclusion, honesty, fiscal prudence, and generosity of spirit. Together, we will build a government as diverse as Canada.
We are equally committed to providing a healthy workplace that supports one’s dignity, self-esteem and the ability to work to one’s full potential. With this in mind, all appointees will be expected to take steps to promote and maintain a healthy, respectful and harassment-free work environment.
The Government of Canada is currently seeking applications from diverse and talented Canadians from across the country who are interested in the following positions.
Current opportunities
The following opportunities for appointments to Governor in Council positions are currently open for applications. Every opportunity is open for a minimum of two weeks from the date of posting on the Governor in Council appointments website.
Position | Organization | Closing date |
---|---|---|
Director | Bank of Canada | |
Director | Business Development Bank of Canada | |
Chairperson | Canada Agricultural Review Tribunal | |
Director | Canada Development Investment Corporation | |
Director | Canada Foundation for Sustainable Development Technology | |
Chairperson | Canada Lands Company Limited | |
Member | Canada–Nova Scotia Offshore Petroleum Board | |
Director | Canadian Commercial Corporation | |
Member | Canadian Cultural Property Export Review Board | |
Chairperson | Canadian High Arctic Research Station | |
Member | Canadian High Arctic Research Station | |
Vice-Chairperson | Canadian High Arctic Research Station | |
Chief Commissioner | Canadian Human Rights Commission | |
Member | Canadian Human Rights Commission | |
Trustee | Canadian Museum for Human Rights | |
Director | Canadian Museum of History | |
Chairperson | Canadian Museum of Nature | |
Chairperson | Canadian Radio-television and Telecommunications Commission | |
Vice-Chairperson | Canadian Radio-television and Telecommunications Commission | |
Special Representative on Combatting Islamophobia | Department of Canadian Heritage | |
Chairperson | Export Development Canada | |
Director | Export Development Canada | |
President | Farm Credit Canada | |
Director | First Nations Financial Management Board | |
Member | Historic Sites and Monuments Board of Canada | |
Commissioner | International Commission on the Conservation of Atlantic Tunas | |
Chairperson | Invest in Canada Hub | |
Chief Executive Officer | Invest in Canada Hub | |
Director | Invest in Canada Hub | |
Commissioner | Law Commission of Canada | |
President | Law Commission of Canada | |
Chairperson | National Arts Centre Corporation | |
Member | National Capital Commission | |
Member | National Farm Products Council | |
Vice-Chairperson | National Farm Products Council | |
Government Film Commissioner | National Film Board | |
Trustee | National Museum of Science and Technology | |
Canadian Representative | North Atlantic Salmon Conservation Organization | |
Canadian Representative | North Pacific Anadromous Fish Commission | |
Federal Ombudsman for Victims of Crime | Office of the Federal Ombudsman for Victims of Crime | |
Member | Pacific Pilotage Authority | |
Chairperson | Patented Medicine Prices Review Board | |
Member | Payments in Lieu of Taxes Dispute Advisory Panel | |
Chairperson | Royal Canadian Mounted Police Management Advisory Board | |
Member | Royal Canadian Mounted Police Management Advisory Board | |
Vice-Chairperson | Royal Canadian Mounted Police Management Advisory Board | |
Deputy Registrar | Supreme Court of Canada | |
Executive Director | Telefilm Canada |